Opinion
1:22-cv-00233
04-13-2023
ANGEL RIVERA, Plaintiff v. ARIANNA DEMPSEY, CRNP et al., Defendants
ORDER
SYLVIA H. RAMBO, United States District Judge
AND NOW, on this 13th day of April 2023, upon consideration of Defendant Arianna Dempsey (“Dempsey”)'s motion to dismiss the amended complaint and/or for summary judgment filed pursuant to Rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure (Doc. No. 16), and in accordance with the Court's accompanying Memorandum, IT IS ORDERED THAT:
1. Defendant Dempsey's motion for summary judgment (Doc. No. 16) on the limited issue of exhaustion is DENIED;
2. Defendant Dempsey's motion to dismiss Plaintiff Angel Rivera's Eighth Amendment claim based upon deliberate indifference to his serious medical needs (Doc. No. 16) is DENIED; and
3. Defendant Dempsey shall file an answer to the amended complaint within twenty-one (21) days of the date of this Order.